What is a direct appeal?
A direct appeal is a legal process by which a defendant can contest their criminal conviction. In California, a direct appeal is typically made to the Court of Appeal. This court can review the trial court’s decision and the resulting judgment to determine if the trial court made any mistakes or errors in their ruling. The Court of Appeal will only consider legal issues, such as whether the trial court applied the proper law or made a ruling that was based on incorrect facts. If the Court of Appeal finds any errors, they may reverse the conviction or order a new trial. Direct appeals must be filed within 60 days of the final judgment. This timeline is strictly enforced, so it’s important for defendants to be aware of their rights and to file an appeal in a timely manner. It’s also important for defendants to consult with an experienced attorney who can help them make a case for a successful appeal. Generally speaking, direct appeals are the first avenue of relief available to a defendant following a guilty conviction. If the appeal is unsuccessful, defendants may still have other options available depending on the state, such as post-conviction relief or pardon.
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